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I have never been through a DUI checkpoint before so I have been reading up on the subject.
First of all I agree that driving under the influence is both a dumb and dangerous idea.
In the DMV Handbook it says that CA drivers agree to be tested for chemicals and alcohol at any time by a peace officer. Then I read information on lawyer websites that say I DO NOT have to agree to field sobriety tests or the PAS breathalyzer test "on site". If arrested however I must agree to blood urine or breath test AT THE STATION. Does this sound right ?
Apparently the field tests are set up for failure to give the police probable cause to arrest or detain you and to provide evidence in court. I would simply say " I can't do those sober or intoxicated, I am a 220 lb man and you want me to balance myself on one leg ?" LOL. All the while being polite to the officer. I NEVER disrespect a cop.
I am just picturing myself at a checkpoint and wondering how this conversation would go over.
Also I read never consent to a search when they ask you. There are reasons for this but will not get into it now.
Can anybody with hands on experience clue me in how things really work ?
If a police officer has reasonable cause to believe that a crime has been committed they have the right to question you and to search your vehicle. They also have the right to request that you perform tasks designed to determine if you are under the influence of drugs or alcohol while driving a vehicle on a public road.
At the checkpoint they typically ask if you have had anything to drink. If you say yes they will ask you to perform a field sobriety test which consists of movements and a breathalyzer. You can state that you want your blood to be drawn as is your right. If you do not feel that you are impaired you can tell the officer that you want to go the nearest emergency room and have the test performed there. You should state that you are willing to have these tests done but not on the road, you do not need to justify your decision. Depending upon the officer your vehicle may be impounded. They may also document that you have refused to comply.
Fines and punishments for a DUI are in the range of $12-$15 k for the first offense. There is essentially no difference between being under the influence of alcohol and prescription drugs.
Most DUI checkpoints are not sophisticated. If you open your window, smile and answer the questions you move along.
If I am going to drink alcohol I never drive. Ever. It is simply not worth it. Bear in mind that while there are laws the officer you meets you has discretion and can suspect any smell in your vehicle as being alcohol. They make a quick decision and it is subject to their "feelings".
If you drive please do not drive. As an ER nurse I can assure you that once you are in the police world you will not be happy.
A lot of states that I've lived in "implied consent" for breath testing is the norm if one obtains a driver's license. Bear in mind, there is no "right" to operate a motor vehicle on a public highway. It is a privilege. My license actually at one time used to state that.
DUI checkpoints are set up mainly to detect DUI drivers. Not to say that if other crimes are in progress the officers can't arrest for those either. If you pull up to one and let's say you have a pot pipe on your lap or in plain sight, or your car is reeking of the smoke, do you think that the officers are going to ignore it??
In the state where I was in, you DID NOT have to agree to take a breath test. But then if you did not, you would automatically lose your privilege to drive for 6 months.
No, the tests are NOT set up for failure regardless of what the people in this forum may say. They are set up, and established by the state to determine if you are under the influence, and establish probable cause. That's why the police also administer an portable alco-sensor on the spot. Ours was NOT admissible in court, per se, it was considered a "tool" to help make the determination.
There are other things before any tests are given that give the officer reasonable suspicion to go further on to the tests. If you pull up and your speech is slurred, or/and you have bloodshot eyes, and/or there is a smell of an alcoholic beverage on your breath, and/or you're fumbling in an uncoordinated way with your wallet to get out your license, and/ or there is a beer can rolling around on your floor/glass with what looks like alcoholic beverage in your console and/or your driving up was jerky/uncoordinated and/or you said you just came from a bar/club don't you expect that the police are going to pursue this further ie: field sobriety tests and breathalizer? By the way, I don't know about other states but where I was certified to use breath testing equipment I had to be certified through the state Department of Health.
If you don't drink/use drugs and drive don't worry about it. A lot of towns/cities post or announce in advance where they are holding DUI checkpoints. Avoid them. I never liked participating in them but preferred "free ranging" and using my own observations to stop ie: driver ran over a curb upon turning, ie: driver blew through red light/stop sign, ie: driver is driving down the center of a clearly marked highway, ie: driver swerved into left lane and almost hit oncoming car...
If a police officer has reasonable cause to believe that a crime has been committed they have the right to question you and to search your vehicle. They also have the right to request that you perform tasks designed to determine if you are under the influence of drugs or alcohol while driving a vehicle on a public road.
At the checkpoint they typically ask if you have had anything to drink. If you say yes they will ask you to perform a field sobriety test which consists of movements and a breathalyzer. You can state that you want your blood to be drawn as is your right. If you do not feel that you are impaired you can tell the officer that you want to go the nearest emergency room and have the test performed there. You should state that you are willing to have these tests done but not on the road, you do not need to justify your decision. Depending upon the officer your vehicle may be impounded. They may also document that you have refused to comply.
Fines and punishments for a DUI are in the range of $12-$15 k for the first offense. There is essentially no difference between being under the influence of alcohol and prescription drugs.
Most DUI checkpoints are not sophisticated. If you open your window, smile and answer the questions you move along.
If I am going to drink alcohol I never drive. Ever. It is simply not worth it. Bear in mind that while there are laws the officer you meets you has discretion and can suspect any smell in your vehicle as being alcohol. They make a quick decision and it is subject to their "feelings".
If you drive please do not drive. As an ER nurse I can assure you that once you are in the police world you will not be happy.
Correct and true. Good post. Except your first paragraph is incomplete. The police have a right to question you. But you also have a right to refuse to answer. Which will get you taken to the station - where you can continue to refuse, and demand your lawyer be present for further questioning. Which is a damn good course of action: shut your mouth from the get go and ONLY let your attorney talk! If you think it's expensive to pay your lawyer his fee for this little meeting, wait until you experience the cost of not doing so
Also, the police right to search your vehicle is more limited than simply suspecting a crime has been committed. Unless they feel threatened and or in present danger, and can back up later why they felt so, they will require your permission or a warrant from a judge.
In any and all cases, you will not enjoy your encounter. That said, if you have had a drink, but are quite sure you are well below any limit, you are wise to refuse roadside and demand a hospital blood draw. Absolutely. Every time.
And finally, yeah, how about just don't drink and drive. Even a single beer. Time your day and activities and rely on other transportation.
A lot of states that I've lived in "implied consent" for breath testing is the norm if one obtains a driver's license. Bear in mind, there is no "right" to operate a motor vehicle on a public highway. It is a privilege. My license actually at one time used to state that.
DUI checkpoints are set up mainly to detect DUI drivers. Not to say that if other crimes are in progress the officers can't arrest for those either. If you pull up to one and let's say you have a pot pipe on your lap or in plain sight, or your car is reeking of the smoke, do you think that the officers are going to ignore it??
In the state where I was in, you DID NOT have to agree to take a breath test. But then if you did not, you would automatically lose your privilege to drive for 6 months.
No, the tests are NOT set up for failure regardless of what the people in this forum may say. They are set up, and established by the state to determine if you are under the influence, and establish probable cause. That's why the police also administer an portable alco-sensor on the spot. Ours was NOT admissible in court, per se, it was considered a "tool" to help make the determination.
There are other things before any tests are given that give the officer reasonable suspicion to go further on to the tests. If you pull up and your speech is slurred, or/and you have bloodshot eyes, and/or there is a smell of an alcoholic beverage on your breath, and/or you're fumbling in an uncoordinated way with your wallet to get out your license, and/ or there is a beer can rolling around on your floor/glass with what looks like alcoholic beverage in your console and/or your driving up was jerky/uncoordinated and/or you said you just came from a bar/club don't you expect that the police are going to pursue this further ie: field sobriety tests and breathalizer? By the way, I don't know about other states but where I was certified to use breath testing equipment I had to be certified through the state Department of Health.
If you don't drink/use drugs and drive don't worry about it. A lot of towns/cities post or announce in advance where they are holding DUI checkpoints. Avoid them. I never liked participating in them but preferred "free ranging" and using my own observations to stop ie: driver ran over a curb upon turning, ie: driver blew through red light/stop sign, ie: driver is driving down the center of a clearly marked highway, ie: driver swerved into left lane and almost hit oncoming car...
Also a pretty good post. And I agree the tests are not set up to fail. They are, however, less than perfect. And their administration even less so.
As for an officer's observations, as accurate as they often prove to be, I can tell you some pretty amazing exceptions occur. If you are over the limit, shame on you and take what you got coming. If you are SURE you are not over your limit: refuse roadside, demand a hospital blood draw, demand your attorney, and shut the ---- up.
Understand that cops doing these stops range from excellent to abominable. Just like everything else in life. And the marginal or poor character cops do what they do in a rote manner. They accuse and question and write their reports as if it were a simple one-size-fits-all rubber-stamp. If challenged in court with contrary evidence to their accusation it is not one bit uncommon for some cops to lie to protect their career at your expense. And juries tend to believe cops.
Don't drink and drive and you're good to go. That's the bottom line.
Location: San Diego CA>Tijuana, BC>San Antonio, TX
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The first line of defense against DUI is to not drive under the influence.
It is also a good idea to know where the police like to routinely hold DUI checkpoints, they tend to be in the same spots usually on Friday and Saturday nights and of course holidays.
Notice that Grand and Garnett out of PB are on here alot and so are various streets coming out of the downtown area.
Location: Miami (prev. NY, Atlanta, SF, OC and San Diego)
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I have received mixed suggestions as to how to respond to the "have you been drinking this evening?" question.
Some people whom I have spoken with have told me you should always answer no.....that may or may not trigger a field sobriety test...others have told me if you admit to having had a drink that automatically triggers a test.
I was stopped for speeding (79MPH) on the I-5 just south of the Coronado Bridge by CHP at 9PM on a Friday night more than a year ago. Eventually, the officer asked me if I had been drinking and I told her that I had one glass of wine with dinner earlier that evening. I was asked to step out of the car, administered a field sobriety test (follow the finger from side to side), and was told to get back in the car and was handed a speeding ticket only.
Quote:
Originally Posted by Tulemutt
Correct and true. Good post. Except your first paragraph is incomplete. The police have a right to question you. But you also have a right to refuse to answer. Which will get you taken to the station - where you can continue to refuse, and demand your lawyer be present for further questioning. Which is a damn good course of action: shut your mouth from the get go and ONLY let your attorney talk! If you think it's expensive to pay your lawyer his fee for this little meeting, wait until you experience the cost of not doing so
Also, the police right to search your vehicle is more limited than simply suspecting a crime has been committed. Unless they feel threatened and or in present danger, and can back up later why they felt so, they will require your permission or a warrant from a judge.
In any and all cases, you will not enjoy your encounter. That said, if you have had a drink, but are quite sure you are well below any limit, you are wise to refuse roadside and demand a hospital blood draw. Absolutely. Every time.
And finally, yeah, how about just don't drink and drive. Even a single beer. Time your day and activities and rely on other transportation.
I have never been through a DUI checkpoint before so I have been reading up on the subject.
...I am a 220 lb man and you want me to balance myself on one leg ?" LOL. All the while being polite to the officer. I NEVER disrespect a cop.
Can anybody with hands on experience clue me in how things really work ?
CNYC, first off, a 220 pound man, (assuming you are a man), should easily be able to balance on one leg. That is, unless something else is going on, physically. I'm currently 218, and 63 years young and have no problem balancing on one leg.
Since nobody detailed what happens at a check point, I'll relate my two that happened within the past year. You'll start by seeing traffic slow down and cones set up to filter traffic down to two lanes. Eventually, you will get to the stopping point just before the check point. They are will marked and brightly lit. It seems like you will be waiting in traffic for a long, long time; but it's only about five or ten mintues from the time you have to slow down due to heavy traffic until you reach that stopping point.
When the previous cars have gone on their way, they will let four or five cars enter the check point. One side of the street will have some type of van . . . probably several. The driver's side will have two officers at each of the four or five check points.
You stop and roll down your window. He will state that this is a DUI checkpoint and will ask you if you have been drinking anything. Since I don't drink alcohol or smoke that "funny stuff", I have nothing to hide. In one case, I answered, "Yes . . . diet Pepsi." And held up the can to show him.
The other time, wasn't drinking anything at all. I had just left the shooting range and was on my way home. I had three pistols and a rifle in the back of my SUV and somehow the subject came up and we had a nice little conversation about the gun club.
I can see how some officers might get a little freaked out because California for the most part is pretty anti-gun. There are strict rules about transporting firearms and I'd bet that if an officer wants to cause me problems, that they would want to search the vehicle to make sure I was transporting correctly.
Wasn't a problem at all. He was nice. I was nice. Everything was cool. Attitude will take you so far. Be open and honest; friendly and conversational; and everything will be all right.
To finish up about the check points . . . once they are done with you, and all of the cars that are stopped seem to done at the same time; you go on your way.
Can't completely agree about people mentioning to say nothing to field patrolmen and ask to either go to the station or get a lawyer. If you haven't done anything wrong and have nothing to hide, I see no reason not to answer their questions. You don't want to tick them off and give them a reason to give you a difficult time. Just a guess, but I bet that if someone insists on going to the station or hospital to take blood tests, the police are not going to be very happy.
But, if you do drink; then I can't help you. Maybe the other posters are right. Then again, if you have been drinking . . . you shouldn't be behind the controls of a 3,500 pound weapon that could easily cause property damage or kill someone.
CNYC, first off, a 220 pound man, (assuming you are a man), should easily be able to balance on one leg. That is, unless something else is going on, physically. I'm currently 218, and 63 years young and have no problem balancing on one leg.
Since nobody detailed what happens at a check point, I'll relate my two that happened within the past year. You'll start by seeing traffic slow down and cones set up to filter traffic down to two lanes. Eventually, you will get to the stopping point just before the check point. They are will marked and brightly lit. It seems like you will be waiting in traffic for a long, long time; but it's only about five or ten mintues from the time you have to slow down due to heavy traffic until you reach that stopping point.
When the previous cars have gone on their way, they will let four or five cars enter the check point. One side of the street will have some type of van . . . probably several. The driver's side will have two officers at each of the four or five check points.
You stop and roll down your window. He will state that this is a DUI checkpoint and will ask you if you have been drinking anything. Since I don't drink alcohol or smoke that "funny stuff", I have nothing to hide. In one case, I answered, "Yes . . . diet Pepsi." And held up the can to show him.
The other time, wasn't drinking anything at all. I had just left the shooting range and was on my way home. I had three pistols and a rifle in the back of my SUV and somehow the subject came up and we had a nice little conversation about the gun club.
I can see how some officers might get a little freaked out because California for the most part is pretty anti-gun. There are strict rules about transporting firearms and I'd bet that if an officer wants to cause me problems, that they would want to search the vehicle to make sure I was transporting correctly. Any reason to take my guns away.
Wasn't a problem at all. He was nice. I was nice. Everything was cool. Attitude will take you so far. Be open and honest; friendly and conversational; and everything will be all right.
To finish up about the check points . . . once they are done with you, and all of the cars that are stopped seem to done at the same time; you go on your way.
Can't completely agree about people mentioning to say nothing to field patrolmen and ask to either go to the station or get a lawyer. If you haven't done anything wrong and have nothing to hide, I see no reason not to answer their questions. You don't want to **** them off and give them a reason to give you a difficult time. Just a guess, but I bet that if someone insists on going to the station or hospital to take blood tests, they are not going to be very happy.
But, if you do drink; then I can't help you. Maybe the other posters are right. Then again, if you have been drinking . . . you shouldn't be behind the controls of a 3,500 pound weapon that could easily cause property damage or kill someone.
I assumed it would be obvious in my advice - that the shut up, demand a hospital blood draw, and a lawyer part comes after and if initial pleasantries and cooperative Q&A end with the officer moving into Accusatory / Investigation mode. But I guess I should spell it out that one should not simply get up in a cop's face belligerently as soon as you roll down the window?
Yeah okay. Carry on. My bad.
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